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On the influence of Magna Carta and other cultural relics

2016; Elsevier BV; Volume: 47; Linguagem: Inglês

10.1016/j.irle.2016.05.004

1873-6394

Zachary Elkins, Tom Ginsburg, James Melton,

American Constitutional Law and Politics

Magna Carta's status as a touchstone of modern thinking about the rule of law rests on several well-known myths. This article evaluates the influence of Magna Carta on modern constitutions, both in terms of formation as well as content. The analysis confirms that Magna Carta's relevance is, if anything, on the rise, even if the causal chains linking it to current developments are weak-linked and distant. We speculate on the mysterious processes that produce influence among legal texts, arguing that champions and empire are crucial factors in the case of Magna Carta.